Criminal Law Keyed to Dressler
Keeler v. Superior Court
Facts
The Defendant and Mrs. Keeler had been married for 16 years. At the time of divorce, unknown to the Defendant, Mrs. Keeler was pregnant by Ernest Vogt. On the date in question, the Defendant stopped Mrs. Keeler while she was driving her car. He stated to her, “I hear you’re pregnant. If you are you had better stay away from here.” When she did not reply, the Defendant opened the door and helped Mrs. Keeler out of the car. The Defendant looked at Mrs. Keeler’s stomach and became upset. He then pushed her against the car, kneed her in the abdomen, and hit her in the face. She fainted, and when she awoke, the Defendant was gone. Mrs. Keeler sought medical attention, and a Caesarian section was performed. The fetus was examined in utero, and its head was found to be severely fractured. The baby was delivered stillborn. The expert testimony concluded with reasonable medical certainty that the fetus had reached viability, and the chance of survival in the event of birth on the date in question was 75-96%.
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